
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1111]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1111. Notice of registration; display with mark; recovery 
        of profits and damages in infringement suit
        
    Notwithstanding the provisions of section 1072 of this title, a 
registrant of a mark registered in the Patent and Trademark Office, may 
give notice that his mark is registered by displaying with the mark the 
words ``Registered in U.S. Patent and Trademark Office'' or ``Reg. U.S. 
Pat. & Tm. Off.'' or the letter R enclosed within a circle, thus 
<Register>; and in any suit for infringement under this chapter by such 
a registrant failing to give such notice of registration, no profits and 
no damages shall be recovered under the provisions of this chapter 
unless the defendant had actual notice of the registration.

(July 5, 1946, ch. 540, title III, Sec. 29, 60 Stat. 436; Pub. L. 87-
772, Sec. 15, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93-596, Secs. 1, 2, 
Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 125, Nov. 
16, 1988, 102 Stat. 3943.)


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 28, 33 Stat. 730; Mar. 19, 1920, 
ch. 104, Secs. 5, 6, 41 Stat. 534, 535.


                               Amendments

    1988--Pub. L. 100-667 struck out ``as used'' after ``with the 
mark''.
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office, may 
give notice that his mark is registered by displaying with the mark as 
used the words `Registered in U.S. Patent and Trademark Office' or `Reg. 
U.S. Pat. & Tm. Off.' '' for ``Patent Office, may give notice that his 
mark is registered by displaying with the mark as used the words 
`Registered in U.S. Patent Office' or `Reg. U.S. Pat. Off.' ''.
    1962--Pub. L. 87-772 substituted ``in the Patent Office, may'' for 
``under the Act of March 3, 1881, or the Act of February 20, 1905, or on 
the principal register established by this chapter, shall'', and ``to 
give such notice of registration,'' for ``so to mark goods bearing the 
registered mark, or by a registrant under the Act of March 19, 1920, or 
by the registrant of a mark on the supplemental register provided by 
this chapter''.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988, 
see section 136 of Pub. L. 100-667, set out as a note under section 1051 
of this title.


                    Effective Date of 1975 Amendment

    Section 4 of Pub. L. 93-596 provided that: ``This Act [amending this 
section, sections 1051, 1052, 1057, 1058, 1060, 1062, 1063, 1065, 1067, 
1069, 1071, 1092, 1112, 1113, 1116 to 1120, 1123, and 1127 of this 
title, and sections 2 to 4, 6 to 8, 10, 11, 21 to 26, 31 to 33, 41, 104, 
119, 121, 122, 135, 142 to 144, 146, 152, 153, 253 to 255, 261, 288, and 
293 of Title 35, Patents, and enacting provisions set out as a note 
under section 1 of title 35] shall become effective upon enactment [Jan. 
2, 1975]. However, any registrant may continue to give notice of his 
registration in accordance with section 29 of the Trademark Act of 1946 
(60 Stat. 427), as amended Oct. 9, 1962 (76 Stat. 769) [this section], 
as an alternative to notice in accordance with section 29 of the 
Trademark Act as amended by section 2 of this Act, regardless of whether 
his mark was registered before or after the effective date of this 
Act.''


                  Repeal and Effect on Existing Rights

    Repeal of inconsistent provisions, effect of this chapter on pending 
proceedings and existing registrations and rights under prior acts, see 
notes set out under section 1051 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1117 of this title.
